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Head Note

Constitution of India, 1950  - Article 21

Right to Privacy - Aadhaar Card Scheme - Collecting and compiling both the demographic and biometric data of the residents of this country to be used for various purposes - Challenge as to - Interest would be best served till the matter is finally decided by a larger Bench if the Union of India or the UIDA proceed in the following manner:- 1. The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card; 2. The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen; 3. The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme; 4. The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.

Constitution of India, 1950  - Article 21

Right to Privacy - Aadhaar Card Scheme - Collecting and compiling both the demographic and biometric data of the residents of this country to be used for various purposes - Challenge as to - Held that the cases on hand raise far reaching questions of importance involving interpretation of the Constitution - What is at stake is the amplitude of the fundamental rights including that precious and inalienable right under Article 21 - There appears to be certain amount of apparent unresolved contradiction in the law declared by this Court - To give a quietus to the kind of controversy raised in this batch of cases once for all, it is better that the ratio decidendi of M.P. Sharma (supra) and Kharak Singh (supra) is scrutinized and the jurisprudential correctness of the subsequent decisions of this Court where the right to privacy is either asserted or referred be examined and authoritatively decided by a Bench of appropriate strength - Registry directed to place these matters before the Hon'ble the Chief Justice of India for appropriate orders.

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